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(영문) 인천지방법원 2018.10.11 2018노963
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake, and there is no record of criminal punishment.

However, the crime of this case is a case where the defendant lent the access media connected to the financial account under his name without permission according to the proposal for the payment of the price of the person without his name, and it is not good to form the crime. The crime of this case requires a corresponding punishment to the fact that it provides the means or beginning for other crimes highly harmful to society, such as "large-scale illegal gambling", " Bosing", etc. The account connected with the access media leased by the defendant was used for the actual act of lending, there is no special change of circumstances that may be newly considered after the decision of the court below, and there is no balance of sentencing with the same and similar incidents, and all the sentencing conditions as shown in the arguments, such as the defendant's age, sex behavior, environment, means and method of crime, result, etc., it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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